JUDGMENT

RANGANATH MISRA, C.J.I. — The Olympic games are ancient in origin. According to the Encyclopaedia Britannica they commenced some 3500 years ago and the name came from its association with the place known as Olympia in Greece. These games were played once in every four years and were abolished in 393 A.D. by the Roman Emperor Theodosius I. In recent times, they were revived in 1896 and have until now been held at the turn of every four years excepting during the First and the Second World Wars. The Olympic games are one of the biggest international events and provide great opportunities to amateur sportsmen in the different classifications.

2. Indian participation in the Olympic games dates back to 1900 when a single representative had joined the Olympics at Paris. Gradually, such participation became more systematic and broad-based. While the Ministry of Youth Affairs and Sports of the Union Government looks after development of sports within the country, the management of the Olympic participation has been entrusted to a society registered under the Societies Registration Act (21 of 1860) known by the name Indian Olympic Association (for short IOA)

3. The Memorandum of Association of this society indicates that the principal objects of the society, inter alia, are : (1) to develop and promote the Olympic movement and amateur sport; (2) to promote and encourage the physical, moral and cultural education of the youth of the nation for the development of character, good health and good citizenship; (3) to enforce all rules and regulations of the International Olympic Committee (hereinafter referrer to as IOC) and the IOA; (4) to be the official organisation in complete and sole charge of all Olympic matters in the country; (5) to educate the public of the country as to the value of amateurism in sports; (6) to maintain the highest ideals of amateurism and to promote interest therein, particularly in connection with the Olympic games and other games under the patronage of the IOC as well as the IOA; (7) to have full and complete jurisdiction over all matters pertaining to the participation of India in the Olympic games and other games under the patronage of the IOC as well as the IOA; (8) to assist in cooperation with National Sports Federations/Associations the selection, training and coaching of the teams that will represent India in the Asian, Commonwealth, Olympic and other international competitions and tournaments, under the patronage of the IOC as well as IOA and also to supervise and control the participation of the teams in the said competitions and tournaments after selection; (9) to undertake with the assistance of National Sports Federations/Associations the financing, management, transportation, maintenance and welfare of teams from India taking part in the Olympic games and other games under the patronage of the IOC as well as the IOA; and (10) to stimulate the interest of the people of the country in the promotion of sports and games in the Olympic programme, and to that end the formation of State Olympic Associations for the development of sports and games within a State and National Sports Federations for games and sports in the Olympic programme.

4. We have quoted most of the important objectives to bring it to the forefront that the IOA has been brought into existence to sponsor, supervise, finance, regulate and control all aspects of sports activity in relation to the Asian, Commonwealth, Olympic and international competitions and tournaments under the patronage of the IOC. While its funding is partially out of membership fee, bulk of it comes from government contribution.

5. The society has a set of rules and regulations. There are five categories of members as described in Rule 3. The management of the affairs of the Association is entrusted to an Executive Council defined in Rule l(v). Rule 8 provides that the Executive Council shall have (i) a President (ii) 9 Vice-Presidents (iii) a Secretary-General